HB 266 — An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, in preliminary provisions, further providing for definitions; and, in adoption and enforcement by municipalities, further providing for administration and enforcement.

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225 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1057 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

MILLER, MILNE, TOOHIL, MURT AND MILLARD, JANUARY 31, 2017 ASREFERRED REPORTEDTO FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSEJANUARY OF31, REPRESENTATIVES, AS AMENDED, MARCH 22, 2017 AN ACT AmendingAme"An the act of November 10, 1999 (P.L.491, No.45), entitled "An act establishing a uniform construction code;

imposingimposingled powers and duties on municipalities and the Department of Labor and Industry;

* * * "Board of appeals." The body created by a municipality or more than one municipality to hear appeals from decisions of the code administrator as provided for by [Chapter 1 of the 1999 Building Officials and Code Administrators International, Inc., National Building Code, Fourteenth Edition] the department <-- through regulationregulation. SECTION 501(C).

<-- * * * Section 2.

* * * (c) Board of appeals.-- (1) A municipality which has adopted an ordinance for the administration and enforcement of this act or municipalities which are parties to an agreement for the joint administration and enforcement of this act shall establish or designate a board of appeals as provided by [Chapter 1 of the 1999 BOCA National Building Code, Fourteenth Edition,] the department through regulation THIS <-- SUBSECTION to hear appeals from decisions of the code administrator.

[MembersMembers of the municipality's governing body <-- may not serve as members of the board of appeals.]appeals. A <-- municipality may establish a board of appeals or may establish or designate a joint board of appeals in accordance with 53 Pa.C.S.

A municipality may establish a board of appeals or may establish or designate a joint board of appeals in accordance with 53 Pa.C.S.

THE BOARD OF APPEALS SHALL BE <-- COMPOSED IN ACCORDANCE WITH THE FOLLOWING:

(I) A MEMBER OF THE BOARD OF APPEALS SHALL BE QUALIFIED BY TRAINING AND EXPERIENCE TO PASS ON MATTERS PERTAINING TO BUILDING CONSTRUCTION.

TRAINING AND EXPERIENCE MAY CONSIST OF LICENSURE AS AN ARCHITECT OR ENGINEER, EXPERIENCE IN THE CONSTRUCTION INDUSTRY OR TRAINING OR EXPERIENCE AS AN INSPECTOR OR PLAN REVIEWER.

20170HB0266PN1057 - 2 - (II) A MEMBER OF THE BOARD OF APPEALS HOLDS OFFICE AT THE PLEASURE OF THE MUNICIPALITY'S GOVERNING BODY.

(III) MEMBERS OF A MUNICIPALITY'S GOVERNING BODY AND CODE ADMINISTRATORS MAY NOT SERVE ON THE BOARD OF APPEALS.

(3) When a municipality cannot find persons to serve on a board of appeals who meet the minimum qualifications [of Chapter 1 of the BOCA National Building Code] established by the department, the municipality may fill a position on the 20170HB0266PN0225 - 2 - board with a qualified person who resides outside of the municipality.

20170HB0266PN1057 - 3 - * * * Section 3.

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